tv CBS 5 Eyewitness News at 10pm CW August 16, 2010 9:00pm-9:30pm PST
and stopped in their tracks. couples react to a stay preventing same-sex marriages. why this is not the final word. beaten on a muni bus and afraid of another attack. why one man says in his case, the justice system is delivering anything but. political opponents in the south bay fighting but not over the issues. the he said-she said over campaign signs. we have seen the numbers and heard the reasons against them. tonight you will hear from someone who says the city workers deserve the pensions. i'm ken bastida. the news starts now. maybe not even this year. an appeals good evening i'm dana king. not this week and maybe not this year. an appeals court put a stop to same sex weddings for now. the judge who overturned prop 8 said that maritimes would resume on wednesday but a panel
of judges from the ninth circuit court of appeals will hear the case the second week of december. joe vazquez has the next steps in the battle. >> reporter: the next step is to wait. the appeals court effectively said today they will be expediting this case, fast tracking it. but one couple said it doesn't feel like fast tracking when they have to wait several months. they were hoping to get married the day after tomorrow. ♪ [ music ] jess and theo had their first dance and a wedding ceremony last month but it will not be recognized by the state. it will not be legal for three more months at least. >> i was flustered. it was definitely very, like, as soon as the news came out i was very, like, we are waiting again. >> reporter: in a brief statement, the three judge
panel of the ninth circuit court of appealed ordered the stay is granted. the appellants are the proprop 8 campaign. the ninth circuit ordered same- sex marriages to be put on hold at least until a hearing on december 6th. the judges also set a deadline of november 1st for both sides to file their written arguments. >> for the time being the vote of the people has been upheld. and we don't always see that. but today they should be happy. >> reporter: supporters of same- sex marriage say the appeals court put the matter on the fast track which they believe helps their cause. >> they questions the parties specifically to address why should this kay not be dismissed because this appeal there is no right to go forward on it. they specifically asked that question. >> reporter: meanwhile hundreds of couples have been planning
their weddings for wednesday evening and they will have to reschedule. >> it is disappointing but we are kind of used to it. two steps forward and one step back. but ultimately we will get full civil rights and marriage equality will come to california. ♪ [ music ] >> reporter: expect the first arguments to be filed next month and dana, the hearing will take place in december, three months from now. >> in san francisco, joe vazquez, thank you. police say a shootout in award was the result of road rage. it happened on city center drive west of foothill in front of a chase bank. the two drivers were fighting and then shots rang out. a stray bullet hit the bank window. no injuries reported. police have no suspect descriptions. he was mistaken from a gang member and beaten on a muni bus last year.
and his the sentencing approaches, if victim says the man convicted won't be serving much time and that scares him. robert lyles has the story. >> reporter: you don't know how much we are suffering and how we did suffer. >> reporter: almost a year ago sonya said her son was attacked aboard a muni bus but four alleged gang members. >> it is not holding the eye in place. >> reporter: ten months, several oral and plastic surgeries later chris says... >> yes, i'm still in pain. every day, i have to wake up with a headache, you know, pain under my eye. the tooth is gone from the back of my jaw. then i also had plastic surgery for my nose and eye socket. and the insert of a metal plate under that bone that was broken under my eyeball. >> reporter: it was hell recovering from the attack but chris is being attacked again this time they claim the attacker is the criminal court
in san francisco. >> and this guy, what he did no -- to my son's face, only two years? i don't believe it. i just don't believe it. >> reporter: that's because the man convicted was supposed to be sentenced for up to five years in prison. but a switch in judges allowed him to agree to a plea of two years and only required to serve 85% of that. >> he will serve a year to two to three months. that's it. >> reporter: chris says because of the alleged gang ties, the shortened sentence guarantees a bulls-eye on his back. >> he will either come himself or i have the fear of retaliation of some sport >> reporter: because there was no trial he never got to testify or tell the judge the pain he endured. with the sentencing on friday, he say this is is his testimony
to the judge. >> what happens when he commits -- whatever can happen in the world between him and him and only god knows. the judge and the court won't know. how could anybody give him leniency outside? >> reporter: in san francisco, robert lyles, cbs 5. the first day of school can make students and teachers nervous but there wassed ad nerves at trace elementary school in san jose after it was destroyed by arson fire over the summer. some students were taught in portable classrooms. the library and cafeteria are now across the street. the administrators want the kids to know they are there for them. >> i want them to know there is a plan and if it happens we are prepared to deal with emergencies. they are safe here. >> reporter: the reconstruction was thanks to $100,000 in donations. the school says it can use more
cash donations to buy other supplies. investigators can rule out arson as the cause of a weekend fire that destroyed a post office. a mechanical or electrical problem may have started that fire. it burned for seven hours on saturday. the fire started in the attic where the heating and air- conditioning units are located. damage is estimated at $1.5 million. two firefighters were hurt but both are expected to be okay. an apparent dog napping in a castro valley neighborhood turned up a string of burglaries. when robert cassidy found his house burglarized and one of his two dogs was missing he put up posters over the neighborhood and started knocking on doors and found out that he wasn't the only victim. there have been at least 14 burglaries and four car break ins in this neighborhood. cassidy says he just wants his
dog lula back. >> for me, and i have a mac and all this other stuff is it worth it? you took a family member. bring her back. >> police believe the burglar or burglars may be someone living in the neighborhood. they have recovered some of the stolen items but not the dog. cassidy is offering a thousand dollar reward for her return. 24 hour fitness is allowing the members to ditch the cards for their fingerprints. you take three scans of both your index fingers. the image of your fingerprint isn't stored. a computer measures the distance between several points on your print. and that measurement is an identifying number which comes up every time you place your finger on the reader. if your penguin and the code match, 24 hour fitness knows you are you and lets you in.
privacy advocates say while on paper 24 hour fitness is taking the right precautions, using fingerprints can lead to identity threat. while muni ruled out fare gates for clipper cards, they are supposed to warning on the bay area transit systems but the system has glitches. there was a problem when the computer refused to issue wage works passes. cable operators didn't know how to use the scanners. and bart riders can use it to get on a train but not to pay the parking fee for the parks. the problems have been addressed and the system will be able to be used for parking in a few months. politicians pointing the finger at each other but not over any specific issues. in the south bay it is about text messages and destroyed signs. political theater the south bay. and we have heard the
numbers and brought you the outrage. tonight the defense of six- figure pensions coming from cash strapped cities. signs of success or failure in the fight against childhood obesity depends on the ethnicity of the child. who is is making progress and who is left behind? kids heading back to school and we are saying what summer? we will pinpoint the day that will be the warmest this week as eyewitness news continues right here on the cw. [ male announcer ] when meg whitman arrived at ebay, they had 30 people and an idea. meg's job was to make it happen. it took leadership. focus. and the ability to bring people together. meg whitman delivered. named one of america's best ceo's by harvard business review, she grew ebay 15,000 strong and made small business dreams come true. now meg has a plan to create jobs. fix sacramento. and deliver results. meg whitman. for a new california.
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working to get the bottom of a mystery that's fueling a political drama. campaign tonight, san jose police are working to get to the bottom of a mystery that is fueling a political drama. campaign science were damaged and kitt doe shows us a text message is raising eyebrows. >> reporter: if you need proof that the race for the district seat in san jose is getting heated here it is. >> sit matter breaking. >> reporter: some time on sunday night or monday morning, someone vandalized this reelect madison wynn campaign sign. and she says it is not the only one. a total of eight signs at five locations were destroyed. at $40 a piece that is $320 in damage. police investigating and say it could be misdemeanor vandalism. this is just another whodunit
if it weren't for this text message that she got from her opponent's exam pain manager sunday night. >> your volunteers or you have placed signs on my supporters. these signs will be removed tonight. call me if you would like to discuss. it is a strange coincidence i received a text message the night before and the following morning eight signs have been destroyed. >> she creates something out of fiction just to project an image that she is a victim in this whole sign war. >> reporter: this candidate say there is no evidence showing his supporters did and it he tells his staffers not to touch opponents' signs but his campaign manager did send the message in a moment of passion. >> it was the heat of the moment with a clear understanding that only the
residents touch the sign. >> reporter: is this the end of sign gate in san jose? who knows. but both candidates agree on one thing, the voters of district 7 deserve better. kitt doe, cbs 5. a former san francisco police chief is defend defending his six fish pension. he has a $242,000 a year pension. >> the executive supervisorring running an organization between 2500 and 3,000 people. with a budget of $300 million. is that -- entiled to a fair compensation. >> reporter: he says he feels he earned his pension because he made personal sacrifices including risking his life and missing time with his wife and
children. the public defender questions if pensions should be as high when the taxpayers can't afford it. >> spending 28 times more on city employee pension and health care costs than we are fixing our streets. >> reporter: he has a proposition on the november ballot that would make city employees contribute 9 to 10% of their income to their own futures. they pay nothing right now. president obama is the star of a star studded fundraiser going on in l.a. tonight. he arrived tonight to attend the event at the home of the west wing executive producer john wells. co-hosts steven spiel berg, barbara stories sand and j.j. abrams. the tickets are $2,500 a person. nancy pelosi is also attending. the weather down there looked icky. overcast. not up here though.
we had sunshine. >> that is a good observation. we have been experiencing unseasonably cool weather. but in san diego they are having the third coolest summer on record. we have captured the moon in san jose. tomorrow morning it will be different for the sunup. we have the low clouds and fog pushing in and marching inland. and lows pretty much falling into the 50s. we will see the clouds scatter past the tri-valley. in the south into san jose. so here you have it, the pinpoint forecast. there you have the slate of gray as far east as 50 to 60 miles. sunup at 6:23, no one will see it. the clouds dial back across the bay and play tag the seashore. the temperatures will be similar to today except in the north bay because we are seeing movement from the low pressure
heading east. 72346 san jose tomorrow. still down from the average high of 84. morgan hill at 89. high 80s throughout livermore, pleasonton back to alamo. santa rosa, 74. down from the average of 83 degrees. no sunshine into inhave necessary. there you have the extended forecast. ditto wednesday from tuesday. hottest day this week will be thursday, promptly followed by the coolest day of the week on friday. and seasonal temperatures over the weekend. i have been complaining about my tomatoes not growing because of the lack of the heat. but berkeley has no problem. send your garden pictures to www.cbs5.com. >> thanks. some kids are being left blind in the fight against childhood obesity. and researchers say it comes down to ethnicity. researchers found for the first
time in three decades. obesity in white and asian children is dropping. and it has leveled off for hispanic children. but obesity ask climbing for black and native american girls. the study suggests that public health programs need to be more widespread and schools need to offer healthier foods. michael douglas has a tomber in his throat. the 65-year-old expects to make a full recovery. he is out of the country at the moment. and it's not clear if he will return to the u.s. for his eight-week treatment. he and his wife katherine zeta jones have a home in bermuda. pilots come and go but air traffic controllers are here to stay. how do they communicate with pilots from around the world. the answer in tonight's good question.
ay during a a boeing 737 headed to colombia with 131 passengers on board crashed and skidded on to the runway during a thunderstorm today. the governor of the colombian island says is it a miracle only one person died. the victim was a 68-year-old woman who died of a heart attack. 119 people were hurt, though. only five seriously. the airline says at least five u.s. citizens were on board. investigators say they are looking to what caused that crash. they circle the globe, sometimes stopping in different countries every week.
how i do -- do they communicate? john moore wants to know how do pilots from around the world communicate with air traffic controllers with so many languages are spoken? that's tonight's good question. >> reporter: the pay area is home to three international airports, oakland, san jose, and sfo. that is a lot of flights coming here from around the world. >> there are planes here from how many countries? >> probably two dozen countries, most are asian pacific countries. >> reporter: communication between pilots, air crews and towers had to be precise and as it turns out, it has to be in english. sfo's mike mccarron says it doesn't matter where you fly, it is the same around the world. if you want to be a commercial pilot you have to speak english. >> anyone who gets a commercial
pilot's license has the has to red read, understand, and speak good english. as a result no matter who you are flying with, you have to speak english well enough to be understood. >> one left, one right. >> reporter: mccarron says that english became the standard when international flights out of the u.s. began to really take off. and as it turns out there, are other industry standards in aviation. >> basically, the altitude is always in feet. and another standard is the time given for etas between pilots and controllers is greenwich mean time that way there is no confusion what time zone you are complying with. every flight plan is given and recorded in greenwich mean time. >> reporter: i need your good question, send them to me at www.cbs5.com. giants hoping to gain grown without playing a game tonight. the 49ers add a big name to the ground game. the minute is next.
[ male announcer ] when meg whitman arrived at ebay, they had 30 people and an idea. meg's job was to make it happen. it took leadership. focus. and the ability to bring people together. meg whitman delivered. named one of america's best ceo's by harvard business review, she grew ebay 15,000 strong and made small business dreams come true. now meg has a plan to create jobs.
year contract. a career long eagle, westbrook is moving west the 49ers signed veteran running back brian westbrook a one-year contract. he is moving west to back up frank gore. start the clock. >> i do consider myself an everyone down back, a guy that can carry the loaded. i truly do. the wisest thing for me to do is to go to a place they -- that has a guy that can share the load. >> he is a two-time pro bowler and had two touches last year who says they are not an issue any more. and the niners traded ken
balmer to the seahawks. he hasn't recorded a sac in his time as a 49er. a and jays. the long ball here to make it 3-0. markham had a no hitter into the 7th. jackson breaks it up with a blast. it was oakland's only hit. markham pitches a complete game. 3-1 is the final. miguel tejeda 4-5 with a pair of runs batted in. and -- the padres win the game. and sometimes what matters is the acquisitions you make in august. >> tejeda. >> he was out there. >> he could have been had. >> and he comes with a great cheer. >> let's go tejeda. >> remember that with the oakland athletes. he is looking good for the padres. >> all right. that's all i got. >> it was good though.